Sheikh Mohd. Mohsin Jamal And ... vs The State Of Maharashtra, Through ...
2016 Latest Caselaw 637 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH 




                                                                                         
                                 NAGPUR.

              CRIMINAL    APPLICATION  (APL)  NO.    684    OF     2015




                                                                 
    1] Sheikh Mohd Mohsin Jamal
    aged 37 yrs. Occu. L.I.C. Business.




                                                                
    2] Asma Anjum, aged 26 yrs.
    Occu. Household.
    R/o Ayesha Vila in front of
    Gajanan Traders, Ganpati Nagar
    Plot No. 36, Godni Road, Nagpur.




                                                 
    At present residing at Near 
    Mankapur Police Station Opposite
                              
    Zingabai Takli Nagpur.                                                        APPLICANTS.

                                                 VERSUS
                             
    The State of Maharashtra
    through Police Station Gittikhadan
    Nagpur.                                                                       RESPONDENT.

Shri A. J. Khan, Counsel for the applicants.

Shri M. K. Pathan, Additional Public Prosecutor for respondent.

CORAM: B. R. GAVAI AND A. S. CHANDURKAR JJ.

                                          Dated  :     MARCH  15, 2016.

    ORAL JUDGMENT: (Per B. R. Gavai J.)

                   Rule.     Rule   made   returnable   forthwith.   Heard   finally   with   the 

consent of the learned counsel for the parties.

2] The applicants who are husband and wife have approached this

Court by filing application for quashing and setting aside the proceedings in

Criminal Case No. 2866 of 2015 pending before the 10 th Judicial Magistrate

First Class, Nagpur.

3] The applicants were married to each other on 29.01.2012. The

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applicants have been blessed with two children. However, it appears that

there were some quarrels between the applicants and as an outcome of the

said quarrel, the applicant no.2 had lodged first information report for

offences punishable under Section 498A of the Indian Penal Code. After the

investigation the charge sheet came to be filed which came to be converted

into above said criminal case.

4] However, it appears that due to passage of time wisdom appears

to have prevailed upon them and they have decided to end their differences

and also decided in the interest of both as well as in the interest of children

to reside together.

5] The applicants are personally present in the Court along with

their minor children reiterating their settlement.

6] The Apex Court in the case of B. S. Joshi and Ors. Vs. State of

Haryana & Anr. Reported in (2003) 4 SCC 675 has held that, if the parties

arrive at settlement in a matrimonial dispute, then the Court should exercise

powers under Section 482 of the Criminal Procedure Code to give an end to

the criminal proceedings.

7] We find that this is a fit case to exercise powers under Section

482 of the Criminal Procedure Code to give an end to the criminal

proceedings in terms of settlement arrived at between the parties.

Rule is made absolute in terms of prayer clause (1).

                                       JUDGE                    JUDGE





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